Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019 (S.I. No. 630 of 2019)
The Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019 (S.I. No. 630 of 2019), which cover the storage and handling of flammable liquids and fuels for sale or supply to the public at retail and kerbside retail stores, came into effect from 1 April 2020. They repeal and replace the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 (S.I. No. 311 of 1979).
The Dangerous Substances Act 1972 (Part IV Declaration) Order 2020 (S.I. No. 147 of 2020) was signed on 23 April 2020 and came into effect immediately. This statutory instrument introduces flammable liquids, including diesel, as a dangerous substance under the Dangerous Substances Act 1972, and therefore subject to licensing under the Act. Diesel-only stores and stores which were not previously required to have a licence to which this order applies have until 1 April 2021 to become compliant with the new Regulations.
The Regulations lay down rules, which provide for the licensing, operation and inspection of retail and kerbside retail stores.
Licensing comes under the remit of the appropriate licensing authority.
‘Appropriate licensing authority’ means the licensing authority with functional responsibilities for the area in which the retail store or kerbside retail store is located, or a licensing authority or group of licensing authorities designated as an appropriate licensing authority, or a body established to act on behalf of a licensing authority or group of licensing authorities and designated as an appropriate licensing authority. An appropriate licensing authority may also be an appropriate fire authority.
A ‘retail store’ means a place or premises used or intended to be used for the keeping for sale or supply to the public under a licence flammable liquids and fuels for use in the propulsion of a vehicle or the running of an engine of any kind.
A ‘kerbside retail store’ means a retail store, premises or location where flammable liquids and fuels are stored for the purposes of sale or supply to the public and are dispensed to vehicles that are parked on a public road, whether the dispensing equipment is located on a public footpath or otherwise, or the vehicle from which flammable liquids and fuels are transferred to the store is parked on a public road.
The Regulations are broader in scope than the 1979 Regulations and include, in additional to diesel, several ‘alternative fuels’ such as electricity, hydrogen, biofuels, synthetic and paraffinic fuels, compressed natural gas (CNG), liquefied petroleum gas (LPG) and liquefied natural gas (LNG).
Role of the health and Safety Authority under these Regulations
Under the Regulations for retail stores, the Health and Safety Authority is the ‘appeals authority’.
If a licence application for a retail store is refused, or the retail store is the subject of an adjudication on any matter by the licensing authority, the owner or operator may appeal the decision to the Health and Safety Authority within 60 days from the date of the decision by the licensing authority.
*Kerbside retail stores can appeal decisions to the District Court.
An appeal for a retail store should be directed to the Health and Safety Authority at:
Health and Safety Authority
The Metropolitan Building
James Joyce Street
It should include the reasons for the refusal of the licence, including all areas of non-compliance.
The Health and Safety Authority will review the appeal and inform the owner or operator and the licensing authority of its decision within 30 days of receipt of the appeal. There are two outcomes in the appeal process:
- The owner or operator is unsuccessful in the appeal and is required to take all necessary steps to conform with the Regulations and to re-apply through the appropriate licensing authority. It is at the discretion of the licensing authority to decide if a retail store can continue to operate pending the outcome of an appeal.
- The licensing authority may be directed to issue a licence with specified conditions.
A copy of the new Regulations and a guidance document on frequently asked questions is available on the website of the Department of Enterprise, Trade and Employment at this link.
With the exception of issues relating to a licence appeal, all queries relating to these Regulations should be directed to the appropriate licensing authority.
List of Schedule 1 Publications